new york argued march decided june together county allegany new york et county cortland new york et also certiorari faced looming shortage disposal sites low level radioactive waste congress enacted radioactive waste policy amendments act among things imposes upon either alone regional compacts obligation provide disposal waste generated within borders contains three provisions setting forth incentives comply obligation first set incentives monetary incentives works three steps disposal sites authorized impose surcharge radioactive waste received secretary energy collects portion surcharge places escrow account achieving series milestones developing sites receive portions fund second set incentives access incentives authorizes sited regional compacts gradually increase cost access sites deny access altogether waste generated meet federal deadlines third incentive provision specifies state regional compact fails provide disposal internally generated waste particular date must upon request waste generator owner take title possession waste become liable damages suffered generator owner result state failure promptly take possession petitioners new york state two counties filed suit seeking declaratory judgment inter alia three incentives provisions inconsistent tenth amendment declares powers delegated constitution prohibited reserved guarantee clause article iv directs guarantee every state republican form government district dismissed complaint appeals affirmed held act monetary incentives access incentives provisions consistent constitution allocation power federal state governments provision pp ascertaining whether challenged provisions oversteps boundary federal state power must determine whether authorized affirmative grants congress contained article commerce spending clauses whether invades province state sovereignty reserved tenth amendment pp although regulation interstate market disposal low level radioactive waste well within congress commerce clause authority cf philadelphia new jersey congress wished entirely state regulation area review decisions see hodel virginia surface mining reclamation history constitutional convention demonstrates congress may commandeer legislative processes directly compelling enact enforce federal regulatory program must exercise legislative authority directly upon individuals pp nevertheless variety methods short outright coercion congress may urge state adopt legislative program consistent federal interests relevant congress may spending power attach conditions receipt federal funds long conditions meet four requirements see south dakota dole moreover congress authority regulate private activity commerce clause may part program cooperative federalism offer choice regulating activity according federal standards state law federal regulation see hodel supra pp declines petitioners invitation construe act provision obligating dispose radioactive wastes separate mandate regulate according congress instructions upset usual constitutional balance federal state powers whereas constitutional problem avoided construing act whole comprise three sets incentives pp act monetary incentives well within congress commerce spending clause authority thus inconsistent tenth amendment authorization sited impose surcharges unexceptionable exercise congress power enable burden interstate commerce secretary collection percentage surcharge federal tax interstate commerce petitioners claim invalid exercise either congress commerce taxing power finally conditioning receipt federal funds upon achieving specified milestones congress exceeded spending clause authority four respects identified dole supra petitioners objection form expenditures nonfederal unavailing since spending clause never construed deprive congress power collect money segregated trust fund spend particular purpose since ability largely control whether pay escrow account receive share expressly provided congress method encouraging regulate according federal plan pp act access incentives constitute conditional exercise congress commerce power along lines approved hodel supra thus intrude tenth amendment sovereignty incentives present nonsited choice either regulating waste disposal according federal standards residents denied access disposal sites compelled regulate expend funds participate federal program may continue regulate waste way accede federal direction pp act provision offers choice two unconstitutionally coercive alternatives either accepting ownership waste regulating according congress instructions provision lies outside congress enumerated powers inconsistent tenth amendment one hand either forcing transfer waste generators requiring become liable generators damages commandeer service federal regulatory purposes hand requiring regulate pursuant congress direction present simple unconstitutional command implement legislation enacted congress thus choice choice pp alternative arguments purporting find limited circumstances congressional compulsion state regulation constitutionally permissible compulsion justified federal interest sufficiently important constitution circumstances permit federal directives state governments constitution endows congress power arbitrate disputes interstate commerce rejected pp also rejected sited state respondents argument act ruled unconstitutional infringement new york sovereignty officials state lent support consented act passage departure constitution plan intergovernmental allocation authority ratified consent state officials since constitution protects state sovereignty benefit individuals governments since officials interests may coincide constitution allocation new york prior support estop asserting act unconstitutionality pp even assuming guarantee clause provides basis upon state subdivisions may sue enjoin enforcement federal statute petitioners made claim act money incentives access incentives provisions inconsistent clause neither threat loss federal funds possibility state waste producers may find excluded disposal sites reasonably said deny new york republican form government pp provision severable rest act since severance prevent operation rest act defeat purpose encouraging attain local regional low level radioactive waste disposal since act still includes two incentives encourage along road since state whose waste generators unable gain access disposal sites may encounter considerable internal pressure provide disposal even without prospect taking title since burden caused new york failure secure site borne residents sited regional compacts need accept new york waste final transition period pp delivered opinion rehnquist scalia kennedy souter thomas joined parts white blackmun stevens joined white filed opinion concurring part dissenting part blackmun stevens joined post stevens filed opinion concurring part dissenting part post peter schiff deputy solicitor general new york argued cause petitioners cases briefs petitioner robert abrams attorney general jerry boone solicitor general john mcconnell assistant attorney general edward premo ii filed briefs petitioner michael gerrard deborah goldberg patrick snyder filed briefs petitioner deputy solicitor general wallace argued cause federal respondents cases brief solicitor general starr acting assistant attorney general hartman ronald mann anne almy louise milkman jeffrey kehne william collins senior assistant attorney general washington argued cause state respondents nos brief kenneth eikenberry attorney general washington travis medlock attorney general south carolina james patrick hudson deputy attorney general frankie sue del papa attorney general nevada allen miller assistant attorney general briefs amici curiae urging reversal filed state ohio et al lee fisher attorney general ohio james payne mary kay smith patricia delaney assistant attorneys general respective jurisdictions follows grant woods arizona winston bryant arkansas daniel lungren california elizabeth guam roland burris illinois linley pearson indiana chris gorman kentucky michael carpenter maine scott harshbarger massachusetts stenberg nebraska robert del tufo mew jersey ernest preate pennsylvania james rhode island mark barnett south dakota dan morales texas mario palumbo west virginia james doyle wisconsin council state government stewart abercrombie baker briefs amici curiae urging affirmance filed american college nuclear physicians et al harold reis american federation labor congress industrial organizations robert weinberg david silberman laurence gold rocky mountain radioactive waste compact et al rex lee carter phillips richard berstein david rees briefs amici curiae filed state connecticut richard blumenthal attorney general aaron bayer deputy attorney general state michigan frank kelley attorney general gay secor hardy solicitor general thomas casey michael leffler john scherbarth assistant attorneys general us ecology irwin goldbloom justice delivered opinion case implicates one nation newest problems public policy perhaps oldest question constitutional law public policy issue involves disposal radioactive waste case address constitutionality three provisions radioactive waste policy amendments act stat et seq constitutional question old constitution consists discerning proper division authority federal government conclude congress substantial power constitution encourage provide disposal radioactive waste generated within borders constitution confer upon congress ability simply compel therefore find two act three provisions issue consistent constitution allocation power federal government live world full low level radioactive waste radioactive material present luminous watch dials smoke alarms measurement devices medical fluids research materials protective gear construction materials used workers nuclear power plants low level radioactive waste generated government hospitals research institutions various industries waste must isolated humans long periods time often hundreds years millions cubic feet low level radioactive waste must disposed year see app berkovitz waste wars congress nuke state sovereignty radioactive waste policy amendments act harv nation first site land disposal commercial low level radioactive waste opened beatty nevada five sites opened following decade maxey flats kentucky west valley new york hanford washington sheffield illinois barnwell south carolina illinois site closed full water management problems caused closure sites kentucky new york result since three disposal sites nevada washington south carolina operation waste generated rest country must shipped one three sites disposal see radioactive waste regulation burns ed washington nevada sites forced shut temporarily leaving south carolina shoulder responsibility storing low level radioactive waste produced every part country governor south carolina understandably perturbed ordered reduction quantity waste accepted barnwell site governors washington nevada announced plans shut sites permanently app faced possibility nation left disposal sites low level radioactive waste congress responded enacting radioactive waste policy act stat relying largely report submitted national governors association see app congress declared federal policy holding state responsible providing availability capacity either within outside state disposal radioactive waste generated within borders found waste disposed safely efficiently regional basis stat act authorized enter regional compacts ratified congress authority beginning restrict use disposal facilities waste generated within member stat act included penalties failed participate plan three approved regional compacts operational disposal facilities surprisingly compacts formed around south carolina nevada washington three sited following year act given three compacts ability exclude waste nonmembers remaining assured outlet low level radioactive waste prospect looming congress took issue waste disposal result legislation challenged radioactive waste policy amendments act act based largely proposal submitted national governors association broad outline act embodies compromise among sited unsited sited agreed extend seven years period accept low level radioactive waste exchange unsited agreed end reliance sited mechanics compromise intricate act directs state shall responsible providing either cooperation disposal radioactive waste generated within state exception certain waste generated federal government act authorizes enter interstate compacts may necessary provide establishment operation regional disposal facilities radioactive waste additional seven years beyond period contemplated act beginning end three existing disposal sites shall make disposal capacity available radioactive waste generated source certain exceptions relevant three disposal sites located permitted exact graduated surcharge waste arriving outside regional compact per cubic foot per cubic foot per cubic foot transition period expires approved regional compacts may exclude radioactive waste generated outside region act provides three types incentives encourage comply statutory obligation provide disposal waste generated within borders monetary incentives one quarter surcharges collected sited must transferred escrow account held secretary energy secretary makes payments account state complied series deadlines july state ratified legislation either joining regional compact indicating intent develop disposal facility within state january unsited compact identified state facility located compact state developed siting plan taken identified steps ii january state compact filed complete application license operate disposal facility governor state filed application certified state capable disposing waste generated state iii rest account paid compacts able dispose low level radioactive waste generated within borders january iv state met deadline must either take title waste generated within borders forfeit waste generators incentive payments received access incentives second type incentive involves denial access disposal sites fail meet july deadline may charged twice ordinary surcharge remainder may denied access disposal facilities thereafter fail meet deadline may charged double surcharges first half quadruple surcharges second half may denied access thereafter fail meet deadline may denied access finally filed complete applications january license operate disposal facility belonging compacts filed applications may charged triple surcharges provision third type incentive severe act provides state applicable compact region radioactive waste generated unable provide disposal waste generated within state compact region january state waste generated upon request generator owner waste shall take title waste obligated take possession waste shall liable damages directly indirectly incurred generator owner consequence failure state take possession waste soon january generator owner notifies state waste available shipment seven years since act took effect congress approved nine regional compacts encompassing six unsited compacts four unaffiliated met first three statutory milestones brief id new york state whose residents generate relatively large share nation low level radioactive waste join regional compact instead state complied act requirements enacting legislation providing siting financing disposal facility new york state identified five potential sites three allegany county two cortland county residents two counties oppose state choice location app ii course explaining citizens new york recently drafted constitution provided federal courts alexander hamilton observed erection new government whatever care wisdom may distinguish work fail originate questions intricacy nicety may particular manner expected flow establishment constitution founded upon total partial incorporation number distinct sovereignties federalist rossiter ed hamilton prediction proved quite accurate one disputes proposition constitution created federal government limited powers gregory ashcroft tenth amendment makes explicit powers delegated constitution prohibited reserved respectively people task ascertaining constitutional line federal state power given rise many difficult celebrated cases least far back martin hunter lessee wheat resolved questions great importance delicacy determining whether particular sovereign powers granted constitution federal government retained questions viewed either two ways cases inquired whether act congress authorized one powers delegated congress article constitution see perez mcculloch maryland wheat cases sought determine whether act congress invades province state sovereignty reserved tenth amendment see garcia san antonio metropolitan transit authority lane county oregon wall case like one involving division authority federal state governments two inquiries mirror images power delegated congress constitution tenth amendment expressly disclaims reservation power power attribute state sovereignty reserved tenth amendment necessarily power constitution conferred congress see oregon case bowles oklahoma ex rel phillips guy atkinson sense tenth amendment truism retained surrendered state darby justice story put amendment mere affirmation upon reasoning necessary rule interpreting constitution instrument limited enumerated powers follows irresistibly conferred withheld belongs state authorities story commentaries constitution consistent understanding unquestionably retai significant measure sovereign authority extent constitution divested original powers transferred powers federal government garcia san antonio metropolitan transit authority supra internal quotation marks omitted congress exercises conferred powers subject limitations contained constitution thus example commerce clause congress may regulate publishers engaged interstate commerce congress constrained exercise power first amendment tenth amendment likewise restrains power congress limit derived text tenth amendment discussed essentially tautology instead tenth amendment confirms power federal government subject limits may given instance reserve power tenth amendment thus directs us determine case whether incident state sovereignty protected limitation article power benefits federal structure extensively catalogued elsewhere see gregory ashcroft supra merritt guarantee clause state autonomy federalism third century mcconnell federalism evaluating founders design chi need concern us task even one prove federalism secured advantages anyone consists devising preferred system government understanding applying framework set forth constitution question power federal government powers fact given people butler framework sufficiently flexible past two centuries allow enormous changes nature government federal government undertakes activities today unimaginable framers two senses first framers conceived government conduct activities second framers believed federal government rather assume responsibilities yet powers conferred upon federal government constitution phrased language broad enough allow expansion federal government role among provisions constitution particularly important regard three concern us first constitution allocates congress power regulate commerce among several art cl interstate commerce established feature life late century see federalist rossiter ed defect power existing confederacy regulate commerce several members clearly pointed experience volume interstate commerce range commonly accepted objects government regulation however expanded considerably last years regulatory authority congress expanded along interstate commerce become ubiquitous activities considered purely local come effects national economy accordingly come within scope congress commerce power see katzenbach mcclung wickard filburn second constitution authorizes congress pay debts provide general welfare art cl conventional notions proper objects government spending changed years ability congress fix terms shall disburse federal money pennhurst state school hospital halderman compare butler supra spending power authorize congress subsidize farmers south dakota dole spending power permits congress condition highway funds adoption minimum drinking age spending power subject several general restrictions articulated cases id restrictions severe prevent regulatory authority congress generally keeping growth federal budget broad construction congress power commerce spending clauses course guided respect congress power generally constitution necessary proper clause authorizes congress make laws shall necessary proper carrying execution foregoing powers art cl see legal tender case mcculloch maryland wheat finally constitution provides laws shall law land thing constitution laws state contrary notwithstanding art vi cl federal government willingness exercise power within confines constitution grown authority correspondingly diminished extent federal state policies conflicted see shaw delta air lines observed supremacy clause gives federal government decided advantage th delicate balance constitution strikes state federal power gregory ashcroft actual scope federal government authority respect changed years therefore constitutional structure underlying limiting authority end cup may half empty half full makes difference whether one views question issue case one ascertaining limits power delegated federal government affirmative provisions constitution one discerning core sovereignty retained tenth amendment either way must determine whether three challenged provisions radioactive waste policy amendments act oversteps boundary federal state authority petitioners contend congress lacks power regulate disposal low level radioactive waste space radioactive waste disposal sites frequently sold residents one state residents another regulation resulting interstate market waste disposal therefore well within congress authority commerce clause cf philadelphia new jersey fort gratiot sanitary landfill michigan dept natural resources petitioners likewise dispute supremacy clause congress wished state radioactive waste regulation petitioners contend tenth amendment limits power congress regulate way chosen rather addressing problem waste disposal directly regulating generators disposers waste petitioners argue congress impermissibly directed regulate field recent cases interpreting tenth amendment concerned authority congress subject state governments generally applicable laws jurisprudence area traveled unsteady path see maryland wirtz state schools hospitals subject fair labor standards act national league cities usery overruling wirtz state employers subject fair labor standards act garcia san antonio metropolitan transit authority overruling national league cities state employers subject fair labor standards act see also new york fry transportation union long island eeoc wyoming south carolina baker gregory ashcroft supra case presents occasion apply revisit holdings cases case congress subjected state legislation applicable private parties cf ferc mississippi case instead concerns circumstances congress may use implements regulation whether congress may direct otherwise motivate regulate particular field particular way cases established principles guide resolution issue initial matter congress may simply commandee legislative processes directly compelling enact enforce federal regulatory program hodel virginia surface mining reclamation hodel upheld surface mining control reclamation act precisely commandeer regulating mining found compelled enforce standards expend state funds participate federal regulatory program manner whatsoever state wish submit proposed permanent program complies act implementing regulations full regulatory burden borne federal government ibid reached conclusion following year ferc mississippi supra issue ferc public utility regulatory policies act federal statute encouraging various ways develop programs combat nation energy crisis observed never sanctioned explicitly federal command promulgate enforce laws regulations hodel upheld statute issue view statute command emphasized titles iii public utility regulatory policies act purpa require consideration federal standards state utilities commission simply stops regulating field need even entertain federal proposals emphasis original wa nothing purpa directly compelling enact legislative program statute inconsistent constitution division authority federal government quoting hodel virginia surface mining reclamation supra see also south carolina baker supra noting possibility tenth amendment might set limits congress power compel regulate behalf federal interests garcia san antonio metropolitan transit authority supra statements ferc hodel innovations congress substantial powers govern nation directly including areas intimate concern constitution never understood confer upon congress ability require govern according congress instructions see coyle smith explicit distinction existed constitution people instrument established perfect union substituting national government acting ample power directly upon citizens instead confederate government acted powers greatly restricted upon lane county oregon emphasis added made point rhetorical flourish although perhaps less precision number occasions chief justice chase words preservation maintenance governments much within design care constitution preservation union maintenance national government constitution provisions looks indestructible union composed indestructible texas white wall see also metcalf eddy mitchell either government may destroy curtail substantial manner exercise powers tafflin levitt nder federal system possess sovereignty concurrent federal government gregory ashcroft retain substantial sovereign powers constitutional scheme powers congress readily interfere indeed question whether constitution permit congress employ state governments regulatory agencies topic lively debate among framers articles confederation congress lacked authority respects govern people directly practice congress directly tax legislate upon individuals explicit legislative governmental power make binding law enforceable amar sovereignty federalism yale inadequacy governmental structure responsible part constitutional convention alexander hamilton observed great radical vice construction existing confederation principle legislation governments corporate collective capacities individuals consist federalist rossiter ed hamilton saw must resolve incorporate plan ingredients may considered forming characteristic difference league government must extend authority union persons citizens proper objects government new national government must carry agency persons citizens must stand need intermediate legislations government union like state must able address immediately hopes fears individuals id convention generated great number proposals structure new government two quickly took center stage virginia plan first introduced edmund randolph congress exercise legislative authority directly upon individuals without employing intermediaries records federal convention farrand ed new jersey plan first introduced william paterson congress continue require approval legislating articles confederation two plans underwent various revisions convention progressed remained two primary options discussed delegates one frequently expressed objection new jersey plan might require federal government coerce implementing legislation randolph explained distinction true question whether shall adhere federal plan new jersey plan introduce national plan insufficiency former fully displayed two modes end gen eral gov ernment attained coercion proposed aterson plan real legislation prop osed plan coercion impracticable expensive cruel individuals must resort therefore national legislation individuals emphasis original madison echoed view practicability making laws coercive sanctions political bodies exploded hands one preliminary draft become new jersey plan state governments occupy position relative congress similar contemplated act issue case laws far may consistent common interests union carried execution judiciary executive officers respective wherein execution thereof required idea apparently never even progressed far debated delegates contemporary accounts convention mention discussion delegates many descriptions virginia new jersey plans speak general terms whether congress derive authority people whether issue directives individuals see end convention opted constitution congress exercise legislative authority directly individuals rather variety reasons rejected new jersey plan favor virginia plan choice made clear subsequent state ratifying conventions oliver ellsworth member connecticut delegation philadelphia explained distinction state convention constitution attempt coerce sovereign bodies political capacity legal coercion singles individual elliot debates federal constitution ed charles pinckney another delegate constitutional convention emphasized south carolina house representatives philadelphia necessity government operate upon people upon conceived indispensable every delegation present rufus king one massachusetts delegates returned home support ratification recalling commonwealth unhappy experience articles confederation arguing laws effective therefore must laid upon individuals new york convention hamilton another delegate philadelphia exclaimed believe one state ever suffer used instrument coercion thing dream impossible brought dilemma either federal standing army enforce requisitions federal treasury left without supplies government without support sir cure great evil nothing enable national laws operate individuals manner north carolina convention samuel spencer recognized laws confederation binding political capacities thing entirely different laws congress binding individuals providing stronger central government therefore framers explicitly chose constitution confers upon congress power regulate individuals seen consistently respected choice always understood even congress authority constitution pass laws requiring prohibiting certain acts lacks power directly compel require prohibit acts ferc mississippi hodel virginia surface mining reclamation lane county oregon allocation power contained commerce clause example authorizes congress regulate interstate commerce directly authorize congress regulate state governments regulation interstate commerce say congress lacks ability encourage state regulate particular way congress may hold incentives method influencing state policy choices cases identified variety methods short outright coercion congress may urge state adopt legislative program consistent federal interests two methods particular relevance first congress spending power congress may attach conditions receipt federal funds south dakota dole conditions must among requirements bear relationship purpose federal spending otherwise course spending power render academic constitution grants limits federal authority recipient federal funds state unusual today conditions attached funds congress may influence state legislative choices see kaden politics money state sovereignty judicial role dole one case found constitutional flaw federal statute directing secretary transportation withhold federal highway funds failing adopt congress choice minimum drinking age similar examples abound see fullilove klutznick massachusetts lau nichols oklahoma civil service second congress authority regulate private activity commerce clause recognized congress power offer choice regulating activity according federal standards state law federal regulation hodel virginia surface mining reclamation supra see also ferc mississippi supra arrangement termed program cooperative federalism hodel supra replicated numerous federal statutory schemes include clean water act stat amended et see arkansas oklahoma clean water act anticipates partnership federal government animated shared objective occupational safety health act stat et see gade national solid wastes management ante resource conservation recovery act stat amended et see department energy ohio alaska national interest lands conservation act stat et see kenaitze indian tribe alaska cert denied either two methods permissible method encouraging state conform federal policy choices residents state retain ultimate decision whether state comply state citizens view federal policy sufficiently contrary local interests may elect decline federal grant state residents prefer government devote attention resources problems deemed important congress may choose federal government rather state bear expense federally mandated regulatory program may continue supplement program extent state law congress encourages state regulation rather compelling state governments remain responsive local electorate preferences state officials remain accountable people contrast federal government compels regulate accountability state federal officials diminished citizens new york example consider making provision disposal radioactive waste best interest may elect state officials share view view always supremacy clause contrary national view case federal government makes decision full view public federal officials suffer consequences decision turns detrimental unpopular federal government directs regulate may state officials bear brunt public disapproval federal officials devised regulatory program may remain insulated electoral ramifications decision accountability thus diminished due federal coercion elected state officials regulate accordance views local electorate matters preempted federal regulation see merritt colum la pierre political accountability national political process alternative judicial review federalism issues nw rev principles mind turn three challenged provisions radioactive waste policy amendments act iii parties case advance two quite different views act petitioners see act imposes requirement directly upon regulate field radioactive waste disposal order meet congress mandate ach state shall responsible providing disposal radioactive waste petitioners understand provision direct command congress enforceable independent three sets incentives provided act respondents hand read provision together incentives see act affording three sets choices according respondents act permits state choose first regulating pursuant federal standards losing right share secretary energy escrow account choose second regulating pursuant federal standards progressively losing access disposal sites choose third regulating pursuant federal standards taking title waste generated within state respondents thus interpret despite statute use word shall provide option state may elect eschew act plausibly understood either mandate regulate series incentives petitioners view however act clearly commandee legislative processes directly compelling enact enforce federal regulatory program hodel virginia surface mining reclamation must reject interpretation provision two reasons first outcome say least upset usual constitutional balance federal state powers gregory ashcroft incumbent upon federal courts certain congress intent finding federal law overrides balance ibid internal quotation marks omitted act amenability equally plausible alternative construction prevents us possessing certainty second otherwise acceptable construction statute raise serious constitutional problems construe statute avoid problems unless construction plainly contrary intent congress edward debartolo florida gulf coast building construction trades council rule statutory construction pushes us away petitioners understanding act compels regulate according congress instructions therefore decline petitioners invitation construe alone isolation command independent remainder act construed whole act comprises three sets incentives provide disposal low level radioactive waste generated within borders consider turn first set incentives works three steps first congress authorized disposal sites impose surcharge radioactive waste received second secretary energy collects portion surcharge places money escrow account third achieving series milestones receive portions fund first steps unexceptionable exercise congress power authorize burden interstate commerce commerce clause long understood limit ability discriminate interstate commerce see wyoming oklahoma cooley board wardens port philadelphia ex rel society relief distressed pilots limit may lifted expression unambiguous intent congress wyoming supra prudential ins benjamin whether permitted burden interstate transport low level radioactive waste absence congress approval clearly congress approval act gives second step secretary collection percentage surcharge federal tax interstate commerce petitioners claim invalid exercise either congress commerce taxing power cf sanchez steward machine davis third step conditional exercise congress authority spending clause congress placed conditions achievement milestones receipt federal funds petitioners contend congress exceeded authority four respects cases identified see generally south dakota dole expenditure general welfare helvering davis required use money receive purpose assuring safe disposal radioactive waste conditions imposed unambiguous pennhurst state school hospital halderman act informs exactly must must order obtain share escrow account conditions imposed reasonably related purpose expenditure massachusetts conditions payments embody congress efforts address pressing problem radioactive waste disposal finally petitioners claim conditions imposed act violate independent constitutional prohibition lawrence county school dist petitioners contend nevertheless form expenditures removes scope congress spending power petitioners emphasize act instruction secretary energy deposit funds received special escrow account funds deposited shall property petitioners argue money collected redisbursed kept account separate general treasury secretary holds funds trustee largely able control whether pay escrow account receive share act manner calls spending federal funds reply brief petitioner state new york constitution grant congress authority pay debts provide general welfare never however thought mandate particular form accounting great deal federal spending comes segregated trust funds collected spent particular purpose see highway trust fund federal survivors insurance trust fund federal disability insurance trust fund federal supplementary medical insurance trust fund spending clause never construed deprive congress power structure federal spending manner petitioners argument regarding ability determine escrow account income disbursements ignores fact congress specifically provided ability method encouraging regulate according federal plan able choose whether receive federal funds make resulting expenditures less federal indeed location choice inherent element conditional exercise congress spending power act first set incentives congress conditioned grants upon attainment series milestones thus well within authority congress commerce spending clauses first set incentives supported affirmative constitutional grants power congress inconsistent tenth amendment second set incentives congress authorized regional compacts disposal sites gradually increase cost access sites deny access altogether radioactive waste generated meet federal deadlines simple regulation provision within power congress authorize discriminate interstate commerce see northeast bancorp board governors frs federal regulation private activity within scope commerce clause recognized ability congress offer choice regulating activity according federal standards state law federal regulation see hodel virginia surface mining reclamation assn ferc mississippi choice presented nonsited act second set incentives may either regulate disposal radioactive waste according federal standards attaining local regional residents produce radioactive waste subject federal regulation authorizing sited regions deny access disposal sites affected compelled congress regulate burden caused state refusal regulate fall generate waste find outlet disposal rather state sovereign state whose citizens wish attain act milestones may devote attention resources issues citizens deem worthy choice remains times residents state congress state need expend funds participate federal program local residents view expenditures participation worthwhile cf hodel supra must state abandon field accede federal direction state may continue regulate generation disposal radioactive waste manner citizens see fit act second set incentives thus represents conditional exercise congress commerce power along lines held within congress authority result second set incentives intrude sovereignty reserved tenth amendment provision different character third incentive offers alternative regulating pursuant congress direction option taking title possession low level radioactive waste generated within borders becoming liable damages waste generators suffer result failure promptly provision congress crossed line distinguishing encouragement coercion must initially reject respondents suggestion provision take effect january petitioners challenge thereto unripe takes many years develop new disposal site parties agree new york must take action order avoid provision consequences party suggests state waste generators ceased producing waste issue thus ripe review cf pacific gas elec state energy resources conservation development regional rail reorganization act cases provision offers state governments choice either accepting ownership waste regulating according instructions congress respondents claim constitution authorize congress impose either option freestanding requirement one hand constitution permit congress simply transfer radioactive waste generators state governments forced transfer standing alone principle different congressionally compelled subsidy state governments radioactive waste producers true provision requiring become liable generators damages standing alone provision indistinguishable act congress directing assume liabilities certain state residents either type federal action commandeer state governments service federal regulatory purposes reason inconsistent constitution division authority federal state governments hand second alternative held state governments regulating pursuant congress direction standing alone present simple command state governments implement legislation enacted congress seen constitution empower congress subject state governments type instruction instruction state governments take title waste standing alone beyond authority congress direct order regulate standing alone also beyond authority congress follows congress lacks power offer choice two unlike first two sets incentives incentive represent conditional exercise congressional power enumerated constitution provision congress held threat exercising spending power commerce power instead held threat regulate according one federal instruction simply forcing submit another federal instruction choice two unconstitutionally coercive regulatory techniques choice either way act commandeers legislative processes directly compelling enact enforce federal regulatory program hodel virginia surface mining reclamation outcome never understood lie within authority conferred upon congress constitution respondents emphasize latitude given implement congress plan act enables regulate pursuant congress instructions number different ways may avoid taking title contracting sited regional compacts building disposal site alone part compact permitting private parties build disposal site host sites may employ wide range designs disposal methods subject broad federal regulatory limits line reasoning however underscores critical alternative state lacks state may decline administer federal program matter path state chooses must follow direction congress take title provision appears unique federal statute cited offers state government option implementing legislation enacted congress whether one views provision lying outside congress enumerated powers infringing upon core state sovereignty reserved tenth amendment provision inconsistent federal structure government established constitution iv respondents raise number objections understanding limits congress power proposes three alternative views constitutional line separating state federal authority view concedes congress generally may compel state governments regulate pursuant federal direction purports find limited domain coercion permitted constitution first argues constitution prohibition congressional directives state governments overcome federal interest sufficiently important justify state submission argument contains kernel truth determining whether tenth amendment limits ability congress subject state governments generally applicable laws cases stated evaluate strength federal interests light degree laws prevent state functioning sovereign extent generally applicable laws impede state government responsibility represent accountable citizens state see eeoc wyoming transportation union long island national league cities usery recently departed approach see south carolina baker garcia san antonio metropolitan transit authority whether particularly strong federal interest enables congress bring state governments within orbit generally applicable federal regulation member ever suggested federal interest enable congress command state government enact state regulation matter powerful federal interest involved constitution simply give congress authority require regulate constitution instead gives congress authority regulate matters directly contrary state regulation federal interest sufficiently strong cause congress legislate must directly may conscript state governments agents second argues constitution circumstances permit federal directives state governments various cases cited proposition none support cases discuss well established power congress pass laws enforceable state courts see testa katt palmore see also second employers liability cases claflin houseman cases involve application supremacy clause provision federal law shall law land enforceable every state point involve congressional regulation individuals congressional requirements regulate federal statutes enforceable state courts sense direct state judges enforce sort federal direction state judges mandated text supremacy clause comparable constitutional provision authorizes congress command state legislatures legislate additional cases cited discuss power federal courts order state officials comply federal law see puerto rico branstad washington washington state commercial passenger fishing vessel illinois city milwaukee see also cooper aaron brown board education ex parte young however text constitution plainly confers authority federal courts judicial power shall extend cases law equity arising constitution laws controversies two state citizens another state art iii constitution contains analogous grant authority congress moreover supremacy clause makes federal law paramount contrary positions state officials power federal courts enforce federal law thus presupposes authority order state officials comply see puerto rico branstad supra overruling kentucky dennison sum cases relied upon hold federal law enforceable state courts federal courts may proper circumstances order state officials comply federal law propositions means imply authority part congress mandate state regulation third supported three sited regional compacts amici argues constitution envisions role congress arbiter interstate disputes observes federal courts particular frequently resolved conflicts among see arkansas oklahoma wyoming oklahoma many disputes involved allocation shared resources among category perhaps broad enough encompass allocation scarce disposal space radioactive waste see colorado new mexico arizona california suggests may resolve interstate disputes congress surely commerce clause regional compacts support argument series quotations federalist contemporaneous documents compacts contend demonstrate framers established strong national legislature purpose resolving trade disputes among brief rocky mountain radioactive waste compact et al amici curiae framers doubt endowed congress power regulate interstate commerce order avoid instances interstate trade disputes common articles confederation framers intend congress exercise power mechanism mandating state regulation constitution established congress superintending authority reciprocal trade among federalist rossiter ed empowering congress regulate trade directly authorizing congress issue orders state governments madison hamilton explained sovereignty sovereigns government governments legislation communities contradistinguished individuals solecism theory practice subversive order ends civil polity sited state respondents focus attention process act formulated correctly observe public officials representing state new york lent support act enactment deputy commissioner state energy office testified favor act see waste legislation hearings subcommittee energy environment house committee interior insular affairs testimony charles guinn senator moynihan new york spoke support act floor senate respondents note act embodies bargain among sited unsited compromise new york willing participant new york reaped much benefit respondents pose appears first troubling question federal statute found unconstitutional infringement state sovereignty state officials consented statute enactment answer follows understanding fundamental purpose served government federal structure constitution protect sovereignty benefit state governments abstract political entities even benefit public officials governing contrary constitution divides authority federal state governments protection individuals state sovereignty end rather federalism secures citizens liberties derive diffusion sovereign power coleman thompson blackmun dissenting separation independence coordinate branches federal government serve prevent accumulation excessive power one branch healthy balance power federal government reduce risk tyranny abuse either front gregory ashcroft see federalist rossiter ed congress exceeds authority relative therefore departure constitutional plan ratified consent state officials analogy separation powers among branches federal government clarifies point constitution division power among three branches violated one branch invades territory another whether branch approves encroachment buckley valeo instance held congress infringed president appointment power despite fact president manifested consent statute caused infringement signing law see national league cities usery ins chadha held legislative veto violated constitutional requirement legislation presented president despite presidents approval hundreds statutes containing legislative veto provision see constitutional authority congress expanded consent governmental unit whose domain thereby narrowed whether unit executive branch state officials thus consent enlargement powers congress beyond enumerated constitution indeed facts case raise possibility powerful incentives might lead federal state officials view departures federal structure personal interests citizens recognize need radioactive waste disposal sites want sites near homes result well within authority either federal state officials choose disposal sites likely political interest individual official avoid held accountable voters choice location federal official faced alternatives choosing location directing official may well prefer latter means shifting responsibility eventual decision state official faced set alternatives choosing location congress direct choice location state official may also prefer latter may permit avoidance personal responsibility interests public officials thus may coincide constitution intergovernmental allocation authority state officials purport submit direction congress manner federalism hardly advanced state prior support act estop asserting act unconstitutionality new york received benefit act form years access disposal sites new york never joined regional radioactive waste compact estoppel implications might flow membership compact see west virginia ex rel dyer sims jackson concurring thus concern us fact act like much federal legislation embodies compromise among elevate act antecedent discussions among representatives status interstate agreement requiring congress approval compact clause cf holmes jennison pet plurality opinion party collaborated others seeking legislation never understood estop party challenging legislation subsequent litigation petitioners also contend act inconsistent constitution guarantee clause directs guarantee every state union republican form government art iv found provision act irreconcilable powers delegated congress constitution hence tenth amendment reservation powers delegated federal government need address applicability guarantee clause act two challenged provisions approach issue trepidation guarantee clause infrequent basis litigation throughout history cases asked apply clause found claims presented nonjusticiable political question doctrine see city rome challenge preclearance requirements voting rights act baker carr challenge apportionment state legislative districts pacific telephone telegraph oregon challenge initiative referendum provisions state constitution view guarantee clause implicates nonjusticiable political questions origin luther borden asked decide wake dorr rebellion two rival governments legitimate government rhode island held rests congress judiciary decide government established one state following century limited holding metamorphosed sweeping assertion iolation great guaranty republican form government challenged courts colegrove green plurality opinion view always accepted group cases decided holding luther elevated general rule nonjusticiability addressed merits claims founded guarantee clause without suggestion claims justiciable see attorney general michigan ex rel kies lowrey forsyth hammond duncan minor happersett wall see also plessy ferguson harlan dissenting racial segregation inconsistent guarantee given constitution state republican form government recently suggested perhaps claims guarantee clause present nonjusticiable political questions see reynolds sims ome questions raised guarantee clause nonjusticiable contemporary commentators likewise suggested courts address merits claims least circumstances see tribe american constitutional law ed ely democracy distrust theory judicial review wiecek guarantee clause constitution merritt colum bonfield guarantee clause article iv section study constitutional desuetude need resolve difficult question today even assume petitioners claim justiciable neither monetary incentives provided act possibility state waste producers may find excluded disposal sites another state reasonably said deny state republican form government seen two incentives represent permissible conditional exercises congress authority spending commerce clauses respectively forms grown commonplace congress offers legitimate choice rather issuing unavoidable command thereby retain ability set legislative agendas state government officials remain accountable local electorate twin threats imposed first two challenged provisions act new york may miss share federal spending generating radioactive waste within new york may lose disposal outlets pose realistic risk altering form method functioning new york government thus even indulging assumption guarantee clause provides basis upon state subdivisions may sue enjoin enforcement federal statute petitioners made claim case vi determined provision exceeds powers congress must consider whether severable rest act standard determining severability unconstitutional provision well established unless evident legislature enacted provisions within power independently invalid part may dropped left fully operative law alaska airlines brock internal quotation marks omitted act contains statement whether provisions severable absence severability clause congress silence silence raise presumption severability common sense suggests congress enacted statutory scheme obvious purpose congress included series provisions operating incentives achieve purpose invalidation one incentives ordinarily cause congress overall intent frustrated observed presumed legislature legislating mere sake imposing penalties penalties simply aid main purpose statute may fail still great body statute operative force force contemplated legislature enactment reagan farmers loan trust see also jackson vii truths basic like air around us easily overlooked much constitution concerned setting forth form government courts traditionally invalidated measures deviating form result may appear formalistic given case partisans measure issue measures typically product era perceived necessity constitution protects us best intentions divides power among sovereigns among branches government precisely may resist temptation concentrate power one location expedient solution crisis day shortage disposal sites radioactive waste pressing national problem judiciary licensed extraconstitutional government issue comparable gravity long run far worse mere political subdivisions state governments neither regional offices administrative agencies federal government positions occupied state officials appear nowhere federal government detailed organizational chart constitution instead leaves several residuary inviolable sovereignty federalist rossiter ed reserved explicitly tenth amendment whatever outer limits sovereignty may one thing clear federal government may compel enact administer federal regulatory program constitution permits federal government enact legislation regarding disposal low level radioactive waste constitution enables federal government state regulation contrary federal interests permits federal government hold incentives means encouraging adopt suggested regulatory schemes however authorize congress simply direct provide disposal radioactive waste generated within borders may many constitutional methods achieving regional radioactive waste disposal method congress chosen one judgment appeals accordingly affirmed part reversed part today affirms constitutionality two facets radioactive waste policy amendments act act stat et seq provisions include monetary incentives surcharges collected radioactive waste storage sites rebated secretary energy compliance act deadlines achieving regional disposal see iv access incentives deny access disposal sites fail meet certain deadlines radioactive waste disposal management strikes severs third component act take title provision requires noncomplying state take title assume liability radioactive waste fails provide disposal waste january deems last provision unconstitutional principles federalism believe mischaracterized essential inquiry misanalyzed inquiry chosen undertake undervalued effect seriousness public policy problem constitutionality provision join parts respectfully dissent rest opinion judgment reversing part judgment appeals disagreement analysis begins basic descriptive level legislation issue case came enacted goes way toward setting bare facts omissions cast statutory context provision wrong light read version events see ante one think congress sole proponent solution nation radioactive waste problem radioactive waste policy act act stat amendatory act resulted efforts state leaders achieve set remedies waste problem sought federal intervention rather congressional sanction interstate compromises reached two signal events precipitated movement toward legislation temporary closing nevada disposal site july several serious incidents temporary shutting washington disposal site similar transportation packaging problems october time facility barnwell south carolina received approximately nation radioactive waste governor ordered percent reduction amount state plant accept disposal national governors association task force radioactive waste disposal waste program action lodged clerk hereinafter program action governor washington threatened shut hanford washington facility entirely unless meaningful progress occurs toward development regional solutions waste disposal problem three sites existed country disposal radioactive waste sited confronted undesirable alternatives either continuing dumping grounds entire nation waste eliminating reducing constitutional manner amount waste accepted disposal imminence crisis radioactive waste management overstated december national governors association convened task force coordinate policy proposals behalf see status interstate compacts disposal radioactive waste hearing senate committee judiciary may state planning council radioactive waste management submitted following unanimous recommendation president carter national policy radioactive waste shall every state responsible disposal radioactive waste generated nondefense related activities within boundaries authorized enter interstate compacts necessary purpose carrying responsibility governors went however recommending congress authorize enter interstate compacts establish regional disposal sites uch authorization include power exclude waste generated outside region regional disposal site governors obvious incentive urging congress add coercive measures legislation fail comply nevertheless anticipated congress might eventually take stronger steps ensure compliance planning deadlines radioactive waste management accordingly governors task force recommend ed congress defer consideration sanctions compel establishment new disposal sites least two years enactment compact consent legislation already confronting diminishing capacity present sites unequivocal political warning governors end period responded effectively problems still exist stronger federal action may necessary time congress confine role removing obstacles allow reasonable chance solve problem well described one amici attempts enter compacts gain congressional approval sparked new round political squabbling elected officials unsited generally opposed ratification compacts formed counterparts sited insisted promises made act honored see brief american federation labor congress industrial organizations amicus curiae effort keep forefront policy amendment process national governors association organized dozen meetings achieve state consensus see brown waste handbook user guide radioactive waste policy amendments act iv describing desire influence revisions act discussions merely academic sited grew increasingly justifiably frustrated seeming inaction unsited meeting projected actions called act thus end approached sited viewed january deadline established act date regional compacts begin excluding entry waste see since time three disposal facilities operating still plants accepting radioactive waste unsited perceived serious danger three existing facilities actually carried threat restrict access waste generated solely within respective compact regions movement thus arose achieve compromise sited unsited sited agreed continue accepting waste exchange imposition stronger measures guarantee compliance unsited assurances develop alternative disposal facilities representative derrick explained compromise legislation gives nonsited time develop disposal sites also establishes firm timetable sanctions failure live agreement representative markey added compromise became basis amendments radioactive waste policy act process drafting amendments various concessions made sides effort arrive bill parties accept bill large measure became act represent ed diligent negotiating undertaken national governors association embodied fundamentals settlement statement udall sum act much product cooperative federalism bargained among achieve compromises congress sanction need resummarize essentials legislation ante however seem critical emphasize accurately described one amicus brief assumption congress role arbiter disputes among several brief rocky mountain radioactive waste compact et al amici curiae unlike legislation directs action federal government acts reflected agreements among refereed congress distinction key failure properly characterize legislation ultimately affects analysis provision constitutionality ii justify holding provision contravenes constitution posits provision congress crossed line distinguishing encouragement coercion ante without attempting understand properly provision place interstate bargaining process isolates measure analytically proceeds dissect syllogistic fashion candidly begins argument respondents make constitution permit congress simply transfer radioactive waste generators state governments ibid forced transfer continues standing alone principle different congressionally compelled subsidy state governments radioactive waste producers ibid since argument respondents make one naturally wonders builds analysis take title provision unconstitutional around opening premise carefully built straw man proceeds impressively knock seen teaches constitution empower congress subject state governments type instruction ante curiously absent analysis effort place provision within overall context legislation discussion part opinion suggests statutes enacted backdrop national concern availability additional radioactive waste disposal facilities congress field directly regulating disposal waste pursuant powers commerce spending clauses instead unanimously assented request congressional ratification agreements acceded see floor statements members congress reveal see supra wished take lead achieving solution problem agreed among various incentives penalties implemented congress ensure adherence various deadlines goals chief executives proposed approach unmoved vehemence taking away congress authority sanction recalcitrant unsited state new york reaped benefits sited concessions view new york actions subsequent enactment acts fairly indicate approval interstate agreement process embodied laws within meaning art cl constitution provides state shall without consent congress enter agreement compact another state first including new york worked governors petition congress acts attempted demonstrate statutes best understood products collective state action rather impositions placed federal government second new york acted compliance requisites statutes key respects thus signifying assent agreement achieved among codified laws enactment act pursuant provision stat new york entered compact negotiations several northeastern withdrawing go alone indeed january deadline crisis approached congress considered legislation subject lawsuit deputy commissioner policy planning new york state energy office testified congress new york state supports efforts udall members subcommittee resolve current impasse congressional consent proposed llrw compacts provide interim access regions without sites new york state participating national governors association large compact commissions effort refine recommended approach hr reach consensus groups see waste legislation hearings subcommittee energy environment house committee interior insular affairs testimony charles guinn emphasis added based assumption continue indefinitely provide access facilities adequate permanent disposal radioactive waste generated new york laws ch state legislature enacted law providing waste disposal facility sited state ibid measure comported act proviso join regional compact july establish waste disposal facility see new york also complied another provision act provided january compact independent state identify facility location develop siting plan contract sited compact access region facility new york identified five potential sites cortland allegany counties public opposition caused state reconsider locate waste disposal facility see office environmental restoration waste management dept energy report congress response public law annual report radioactive waste management progress lodged clerk undertaking initial steps honor interstate compromise embodied act new york continued take full advantage import concession made sited exporting radioactive waste full extension period provided act gaining benefits complying certain act deadlines therefore new york fairly evidenced acceptance arrangement including take title provision although unlike compose nine existing approved regional compacts see brief new york never formalized assent statutes cases support view new york actions signify assent constitutional interstate agreement purposes art cl holmes jennison pet chief justice taney stated word agreement necessarily import direct express stipulation necessary writing verbal understanding parties assented upon acting agreement use terms treaty agreement compact show intention framers constitution use broadest comprehensive terms shall fail execute evident intention unless give word agreement extended signification apply prohibit every agreement written verbal formal informal positive implied mutual understanding parties emphasis added view new york acted manner signify assent act take title provision part elaborate compromise reached among state estopped asserting unconstitutionality provision seeks merely ensure deriving substantial advantages act new york fact must live bargain establishing radioactive waste facility assuming liability failure act cf west virginia ex rel dyer sims jackson concurring west virginia officials induced sister contract congress consent compact attempts read interstate compact estoppel often invoked government west virginia assumed contractual obligation equals permission another government sovereign field congress sister induced alter positions bind terms covenant west virginia estopped repudiating act emphasis added even new york estopped challenging provision constitutionality convinced seen term agreement entered several measure proves less constitutionally odious opines first practical effect new york position unwilling honor obligations provide storage facilities radioactive waste plants must accept new york waste whether wish otherwise many economically socially beneficial producers waste state cease operations refusal force new york accept responsibility problem inevitably means state sovereignty impinged forced public health reasons accept new york radioactive waste understand principle federalism impede national government acting referee among prohibit one bullying another moreover utterly reasonable crafting delicate compromise three overburdened provided radioactive waste disposal facilities rest congress ratify punitive measure ultimate sanction noncompliance take title provision though surely onerous take effect generator waste request action state lives bargain providing waste disposal facility either within state another state pursuant regional compact arrangement separate contract see finally say incursion state sovereignty ratified consent state officials ante flatly wrong case involving congressional ratification statute interstate compact upheld provision tennessee missouri waived immunity suit objection held parties compact accepting acting assume conditions congress constitution attached petty bridge emphasis added holding determined state may found waived fundamental aspect sovereignty right immune suit formation interstate compact even subsequent litigation expressly denied waiver fail understand reasoning behind selective distinctions among various aspects sovereignty may may waived believe distinctions survive close analysis future cases hard public policy choices sometimes require strong measures holding irremediable essentially misunderstands take title provision part complex interstate agreement new york permitted complain iii announces occasion revisit decisions gregory ashcroft south carolina baker garcia san antonio metropolitan transit authority eeoc wyoming national league cities usery see ante case congress subjected state legislation applicable private parties ibid although statement sends welcome signal intend cut wide swath recent tenth amendment precedents nevertheless unpersuasive several difficulties analysis respect builds rule around insupportable illogical distinction types alleged incursions state sovereignty derives rule cases support analysis failsto apply appropriate tests cases purports base rule omits discussion recent pertinent test determining provision constitutionality distinction federal statute regulation private parties general purposes opposed regulation solely activities unsupported recent tenth amendment cases case rested holding distinction moreover makes effort explain purported distinction affect analysis congress power general principles federalism tenth amendment distinction facilely thrown based defensible theory certainly one hard pressed read spirited exchanges dissenting justices national league cities supra garcia san antonio metropolitan transit authority supra based distinction drawn incursion state sovereignty hardly seems constitutionally acceptable federal statute commands specific action also applies private parties alleged diminution state authority affairs less federal mandate restricts activities private parties even distinction logically sound anticommandeering principle persuasively read springing two cases cited proposition hodel virginia surface mining reclamation ferc mississippi purports draw support rule congress commandeer ing state legislative processes solitary statement dictum hodel see ante initial matter congress may simply commandee legislative processes directly compelling enact enforce federal regulatory program quoting hodel supra statement necessary decision hodel involved question whether tenth amendment interfered congress authority field activity also subject state regulation whether federal statute dictate certain actions language commandeer ing classic dicta holding federal statute regulating activities private coal mine operators constitutional observed radical departure precedent hold tenth amendment prohibits congress displacing state police power laws regulating private activity also claims support rule decision ferc quotes passage case stated never sanctioned explicitly federal command promulgate enforce laws regulations ante quoting reciting extracts relevant passage manner subtly alters meaning full passage reads never sanctioned explicitly federal command promulgate enforce laws regulations cf epa brown instances upheld federal statutory structures effect directed state decisionmakers take refrain taking certain actions ibid citing fry emphasis added phrase highlighted merely means occasion address whether congress may command enact certain law argued parts ii opinion case raise issue moreover go without saying absence precedent bearing question whether congress properly exercised constitutional authority article silence subject authority anything scarcely rest distinction federal laws general applicability ostensibly directed solely activities therefore decisions derives rule made distinction validated federal statutes constricted state sovereignty ways greater similar take title provision issue case fry hodel ferc make clear precedents prior garcia upheld provisions federal statutes directed undertake certain actions constitutionally determinative federal regulation likely move act given way stated ferc even coerc assuming regulatory role affecting freedom make decisions areas integral governmental functions thus unconvinced either hodel ferc supports rule announced cases stand proposition certain circumstances congress may dictate take specific actions seem appropriate apply test stated ferc determining circumstances crucial threshold inquiry case whether subject matter congress see congress require state administrative body consider proposed regulations condition continued involvement field hold today nothing unconstitutional congress requiring certain procedural minima body goes undertaking tasks emphasis added ferc went explain congress legislating field concedes see ante proper test decision garcia assess whether alleged intrusions state sovereignty threaten separate independent existence lane county oregon wall coyle smith impair ability function effectively federal system fry national league cities usery ferc supra neither score take title provision raise constitutional problems certainly threaten new york independent existence impair ability function effectively system since provision enacted pursuant compromises reached among state leaders ratified congress clear therefore even precedents selectively chosen analysis provision constitutionality case falls far short persuasive also submit connection attempt carve doctrinal distinction statutes purport solely regulate state activities especially unpersuasive garcia true case considered whether federal statute general applicability fair labor standards act applied state transportation entities recent statements explained appropriate analysis general manner last term instance justice wrote constrained ability consider limits balance places congress powers commerce clause see garcia san antonio metropolitan transit authority declining review limitations placed congress commerce clause powers federal system gregory ashcroft indeed opinion went state garcia left primarily political process protection intrusive exercises congress commerce clause powers ibid emphasis added rather seek guidance ferc hodel therefore appropriate analysis flow garcia even case involve congressional law generally applicable private parties garcia stated proper inquiry convinced fundamental limitation constitutional scheme imposes commerce clause protect one process rather one result substantive restraint exercise commerce clause powers must find justification procedural nature basic limitation must tailored compensate possible failings national political process rather dictate sacred province state autonomy quoting eeoc wyoming addresses aspect respondents argument see ante tacitly concedes failing political process shown case refuses rebut unassailable arguments well able look legislative process culminated act passage indeed new york acknowledges congressional delegation participated drafting enactment acts pet cert rejects argument resorting generalities platitudes purpose federalism protect individual rights ultimately suppose entire structure federal constitutional government traced interest establishing checks balances prevent exercise tyranny individuals fears seem extremely far distant situation face crisis national proportions disposal radioactive waste congress acceded wishes permitting local decisionmaking rather imposing solution washington new york participated supported passage legislation gubernatorial federal representative levels enacted state laws specifically comply deadlines timetables agreed upon act civics lecture decidedly hollow ring time action rather rhetoric needed solve national problem iv though disagree conclusion take title provision unconstitutional read opinion preclude congress adopting similar measure powers spending commerce clauses makes clear objection alleged commandeer ing quality take title provision see ante discussion surcharge rebate incentives reveals see ante spending power offers means enacting take title provision standards congress words condition payment funds state willingness take title already provided waste disposal facility scheme upheld case example moneys collected surcharge provision might withheld disbursed depending state willingness take title otherwise accept responsibility radioactive waste generated state statutory deadline establishing waste disposal facility passed see ibid south dakota dole massachusetts similarly state fail establish waste disposal facility appointed deadline statute presently drafted january congress power pursuant commerce clause regulate directly producers waste see ante thus read congress amend statute say state fails meet january deadline achieving means waste disposal taken title waste radioactive waste may shipped state new york see hodel legislative history acts indicates faced choice federal regulation pursuant interstate agreement congressional consent ratification decisively chose latter background suggests threat federal may suffice induce accept responsibility failing meet critical time deadlines solving radioactive waste disposal problems especially federal intervention also strip state local authorities input locating sites radioactive waste disposal facilities course congress amend statute meet objection state refuse act national legislature ensured least federal solution waste management problem finally precedents leave open possibility congress may create federal rights action generators radioactive waste persons acting color state law failure meet certain functions designated programs thus upheld suits enforce certain rights created statutes enacted pursuant spending clause see wilder virginia hospital wright roanoke redevelopment housing authority although congress must cautious spelling federal right clearly distinctly see suter artist permitting suit spending clause statute ostensible federal right created vague amorphous addition compensating injured parties state failure act exposure liability established suits also potentially serves inducement compliance program mandate ultimate irony decision today formalistically rigid obeisance federalism gives congress fewer incentives defer wishes state officials achieving local solutions local problems legislation classic example congress acting arbiter among attempts accept responsibility managing problem grave import urged national legislature impose washington solution country radioactive waste management problems instead sought reasonable level local regional autonomy consistent art cl constitution invalidating measure designed ensure compliance recalcitrant new york upsets delicate compromise achieved among forces congress erect several additional formalistic hurdles clear achieving exactly objective justifications undertaking step unpersuasive respectfully dissent footnotes true majority approach fry distinguishable involved statute generally applicable state governments private parties law issue case economic stabilization act imposed wage salary limitations private state workers alike fry upheld statute application tenth amendment challenge view fry perfectly captures weakness majority majority distinction law upheld case involved far pervasive intrusion state sovereignty authority state governments pay salaries wages employees federal minimum provision issue selective quotations era constitution adopted majority attempts bolster holding take title provision tantamount federal commandeering view many tenth amendment cases decided past two decades resort kind historical analysis generated majority opinion deemed necessary read majority many invocations history anything elaborate window dressing certainly nowhere majority announce rule compelled understanding framers may thought statutes type issue moreover observe quotations add certain flavor opinion majority historical analysis distinctly wooden quality one know reading majority account instance nature relations changed fundamentally civil war conflict produced wake tremendous expansion scope federal government lawmaking authority much persons helped found republic scarcely recognized many added roles national government assumed moreover majority fails mention new deal era recognized enormous growth congress power commerce clause see generally frankfurter landis business hyman perfect union impact civil war reconstruction constitution corwin passing dual federalism wiecek reconstruction federal judicial power legal hist scheiber state law industrial policy american development ackerman constitutional law yale believe blind history neither read selectively restrict proper scope congress powers article especially history mentioned majority fully supports expansive understanding legislature authority may existed late century given scanty textual support majority position far sensible defer coordinate branch government decision devise solution national problem kind certainly contexts principles federalism insulated mandates national government upheld congressional statutes impose clear directives state officials including enacted pursuant extradition clause see puerto rico branstad war amendments see south carolina katzenbach well congressional statutes require state courts hear certain actions see testa katt justice stevens concurring part dissenting part articles confederation federal government power issue commands see arts viii ix indirect exercise federal power proved ineffective framers constitution empowered federal government exercise legislative authority directly individuals within even though direct authority constituted greater intrusion state sovereignty nothing history suggests federal government may also impose upon several articles constitution enhanced rather diminished power federal government notion congress power issue simple command state governments implement legislation enacted congress ante incorrect unsound limitation constitution tenth amendment surely impose limit congress exercise powers delegated article structure constitutional order values federalism mandate formal rule contrary federal government directs state governments many realms government regulates railroads state school systems state prisons state elections host state functions similarly doubt time war congress either draft soldiers command supply quotas troops see reason congress may also command enforce federal water air quality standards federal standards disposition radioactive wastes constitution gives power resolve controversies long congress enacted pollution control legislation crafted body interstate common law illinois city milwaukee govern disputes involving interstate waters see arkansas oklahoma contexts hesitated direct undertake specific actions example impose affirmative duty take reasonable steps conserve augment water supply interstate stream colorado new mexico citing wyoming colorado thus unquestionably power command upstate stream polluting waters downstream state adopt appropriate regulations implement federal statutory command respect problem presented case hand litigation develop joined compact surely power grant relief form specific enforcement provision indeed even statute never passed one state radioactive waste created nuisance harmed neighbors seems clear power command offending state take remedial action cf illinois city milwaukee supra authority surely congress similar authority reasons well set forth justice white respectfully dissent tenth amendment provides powers delegated constitution prohibited reserved respectively people darby explained amendment truism retained surrendered nothing history adoption suggest declaratory relationship national state governments established constitution amendment purpose allay fears new national government might seek exercise powers granted might able exercise fully reserved powers see ii elliot debates iii id iv id annals congress story commentaries constitution beginning many years amendment construed depriving national government authority resort means exercise granted power appropriate plainly adapted permitted end see also ante even invalidated insofar applies state new york remains enforceable joined interstate compacts approved congress compacting agreements embraced provision given independent effect congress consent compacts granted subject provisions act long entities established compact comply provisions act appalachian radioactive waste compact consent act pub stat thus compacts incorporated provisions act including take title provision compacts product voluntary interstate cooperation unquestionably survive invalidation applies new york congress direc enter compacts decision compacting state enter compact influenced existence take title provision whether state went way joined compact still subject provision